What to know about the medical responsibility draft law

CAIRO – 22 August 2018: The Health Affairs Committee of the House of Representatives is preparing to discuss a number of draft laws during the fourth session, including the medical responsibility draft law presented by MP Ayman Abul Ela.

The law stipulates that in the case of medical error, civil compensation shall be awarded. In case of negligence, the doctor shall be referred to a criminal trial. In the case of complications, there shall be no conviction against the doctor.

The draft law on medical responsibility states that it is not permissible to end the life of the patient even if it is his, or his family’s request.

The draft law prevents human cloning and regulates the advanced technologies that helps childbearing.

According to the confirmation of the Health Committee of the Parliament, the Committee has largely completed the draft law on medical responsibility, leaving only the preparation of the final draft before being presented to the plenary session of the Parliament, after taking the remarks of the legislative sector in the Ministry of Justice.

The draft law includes the formation of a Higher Committee for Medical Responsibility, which includes representatives of the Medical Syndicate, the Ministry of Health, Forensic Medicine, Medical Colleges and Scientific Societies, as well as a number of law expert representatives for the civil society.

This law clarifies under what circumstances abortion procedures can be carried out. Abortions are considered legal in two circumstances – if the mother’s life is at risk because of the pregnancy or if the fetus has a disorder that makes it "incompatible with life." Abortion is illegal in all other circumstances and cannot be opted into.

Under this law, abortion surgery should only be performed by a specialist in gynecology and obstetrics and the pregnant woman should receive the consent of the treating doctor that her case requires an abortion.

The treating doctor should also release a detailed report determining the reason for the abortion. The husband's consent is not required in emergency cases.

CAIRO - 3 December 2017: Parliament's Health Affairs Committee will resume on Sunday the discussion of the first Medical Liability draft law, presented by MP Ayman Abul Ela. This law clarifies under what circumstances abortion procedures can be carried out.

The new Medical Responsibility Law will provide a legal framework for permissible abortions that are compatible with Islamic law.

Egyptian law states that women who choose to have an unsanctioned abortion could face a prison sentence ranging from six months to three years, according to Article 262 of the Penal Code.

To put an end to medical negligence, the draft law states that the doctor shall be legally punished if he/she commit a medical error as a result of ignorance, negligence or lack of due care for the patient.

A doctor does not have the right to end the life of the patient even upon their request or their guardian's request.

The draft law also states that cloning is completely forbidden and there must be regulations of the processes of reproduction and implantation of embryos.

According to this law, a high committee will be established to receive complaints from patients and investigate them. It also obligates medical service providers to maintain compulsory insurance for their patients against medical errors in order to make sure that the patients will receive the financial compensation in case any error occurs.

Such law is intended to prevent any abuse that occurs, mostly in the private sector.